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U.S. v. WALKER

No. 02-1509.

353 F.3d 130 (2003)

UNITED STATES of America, Appellee v. Nelson WALKER, aka "Steve Wilson," aka "Darrell Marshall," Defendant. v. Michael Nnebe, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 17, 2003.

Attorney(s) appearing for the Case

Arza Feldman, Feldman & Feldman (Steven A. Feldman on the brief), Hauppauge, N.Y. for Appellant.

James F. Comey, United States Attorney for the Southern District of New York (Nancy Kestenbaum & Laura Grossfield Birger, on the brief), New York, N.Y. for Appellee.

Before: McLAUGHLIN, LEVAL, SOTOMAYOR, Circuit Judges.

LEVAL, Circuit Judge.

This appeal raises the question what a sentencing court must do or say in imposing a sentence of restitution in order to discharge the obligation imposed on the court by 18 U.S.C. § 3664(f)(2) to consider specified aspects of the defendant's financial circumstances. Acknowledging that, under our case law devised for prior statutory law, sentencing judges were obligated to state that they had considered those mandatory factors, the government...

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